1. You now agree that both you and MATRIX888, including its present and future subsidiaries, will be obligated to arbitrate disputes, claims, and controversies that arise out of or relate to your use of the Sites and/or the provision of content and services through the Sites, and that any such proceedings will be conducted only on an individual basis (and not as a class action), and only under London, UK, law.
(B) Changes to Terms of Service. MATRIX888 may modify the Terms of Service, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of the Site after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.
(C) Changes to Site: MATRIX888 may change or discontinue any aspect, service or feature of the Site at any time, including, but not limited to, content, hours of availability, and equipment needed for access or use.
(E) Equipment. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of the Site and all charges related to the same.
2. User Content and Conduct; Community Guidelines
The following terms apply to content submitted by users, and user conduct, on the Site's blog, data and video areas:
(A) The Site may contain blog comment posting sections, predictions, news and video or other features, in which you may post or upload user-generated content, including but not limited to blog comments, video, photos, messages, other materials or items (collectively, "User Content"). You are solely responsible for your use of any Site areas, the blog comments and predictions sections, and you will use them without posting any slurs / insults to others. Site features are available for individuals aged 18 years or older. By submitting User Content, you represent that you are 18 years of age or older and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Service, submit content, participate on the Site, and fulfill the obligations set forth in these Terms of Service, which forms a binding contract between you and MATRIX888.
(B) Blog and Data Comments Guidelines. By submitting any User Content within or in connection with the Site, you agree to abide by the following rules of conduct:
You agree not to upload, post or otherwise transmit any User Content that:
-violates or infringes in any way upon the rights of others, including any statements which may defame, harass, troll, stalk or threaten others;
-you know to be false, misleading or inaccurate;
-contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity of any kind, sneering at others;
-contains or advocates pornography or sexually explicit content, pedophilia, incest, bestiality, or that is otherwise obscene or lewd;
-violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them;
-advocates violent behavior, promotes killings, shooting, bloodshed, and international terrorism [ISIS and other global terrorist groups];
-poses a reasonable threat to personal or public safety;
-contains violent images of killing or physical abuse that appear to have been captured solely, or principally, for exploitive, prurient, or gratuitous purposes;
-is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you only. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by MATRIX888, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Site.
-contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, "junk mail," "spam," "chain letters," “trolling”, "pyramid schemes," or any other form of solicitation.
If you violate any of the above, you will be subject to banning/censorship to enter the Site and shall be barred from submitting or posting any further material on the Site.
You agree not to engage in activity that would constitute a criminal offense or give rise to a civil liability.
You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by the Site.
You agree not to impersonate any person or entity, including, but not limited to, MATRIX888 or any MATRIX888 employee, or falsely state or otherwise misrepresent your affiliation with any person or entity.
You agree not to represent or suggest, directly or indirectly, MATRIX888's endorsement of User Content.
You agree not to interfere with any other user's right to privacy, including by harvesting or collecting personally-identifiable information about the Site users or posting private information about a third party.
You agree not to post or otherwise transmit any User Content, software or other materials, which contain a virus or other harmful or disruptive component.
You agree not to interfere with or disrupt the Site or the servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Site, use the Site, or access to the Site.
You agree not to use any service, technology or automated system to artificially inflate the page views that your User Content receives. This includes pay-per-click services, web "robots" and any other current or future technologies. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.
You agree not to use any technology, service or automated system to post more User Content than an individual could upload in a given period of time. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.
Any conduct that in MATRIX888's sole discretion restricts or inhibits anyone else from using or enjoying the Site will not be permitted. MATRIX888 reserves the right in its sole discretion to remove or edit User Content by you and to terminate Your Account for any reason.
MATRIX888 does not vouch for the accuracy or credibility of any User Content, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Content posted on the Site. Through your use of the Site, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using the Site, you assume all associated risks.
(D) No Obligation. User Content submitted by you will be considered non-confidential and MATRIX888 is under no obligation to treat such User Content as proprietary information. Without limiting the foregoing, MATRIX888 reserves the right to use any User Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. MATRIX888 is under no obligation to edit, delete or otherwise modify User Content once it has been submitted to MATRIX888.
3. Copyright Ownership.
The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound. The entire contents of the Site are copyrighted as a collective work under the International copyright laws. MATRIX888 is filing for copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of MATRIX888. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
4. Third Party Content.
MATRIX888 is a distributor (and not a publisher or creator) of some content via RSS and other means, supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of the Site, are those of the respective author(s) or distributor(s) and not of MATRIX888. Neither MATRIX888 nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through the Site represents the opinions and judgments of the respective user or information provider not under contract with MATRIX888. MATRIX888 neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Site by any third party. Under no circumstances will MATRIX888 be responsible or liable, directly or indirectly, for any loss or damage caused by your use or reliance on information obtained through the Site. MATRIX888 is not responsible for any actions or inaction on your part based on the information that is presented on the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
5. Advertisements and Promotions.
MATRIX888 may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than MATRIX888, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. MATRIX888 is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
6. Disclaimer of Warranty; Limitation of Liability. NO FULL REFUNDS.
(A) YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER MATRIX888, ITS SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.
(B) THE SITE, INCLUDING, WITHOUT LIMITATION, ANY BLOGS AND GEMATRIA CALCULATORS, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF SERVICE.
(C) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL MATRIX888, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, LOST FUNDS DUE TO USE OF OUR PREDICTIONS, COST OF SUBSTITUTE SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE SITE OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SITES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN, IF MATRIX888 AND ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT MATRIX888, ITS AFFILIATES, SUCCESSORS, AND ASSIGNS ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITES OR ANY OTHER THIRD PARTIES.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
(D) MATRIX888 disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing the Site, you acknowledge and agree to MATRIX888's disclaimer of any such liability. If you do not agree, you should not access or use the Site.
(E) WE DO NOT OFFER REFUNDS ON MONTHLY OR ANNUAL SUBSCRIPTIONS OR REFUNDS ON “ONE TIME ITEM CHARGES”, UNLESS, THERE IS A CLEAR JUDGEMENT FROM AN ARBITRATOR THAT WE DID NOT ACT IN GOOD FAITH AND / OR MISREPRESENTED FACTS TO YOU. YOU ARE SUBSCRIBING TO OUR SERVICES AT YOUR OWN RISK. ONCE YOU SUBSCRIBED TO MONTHLY OR ANNUAL SERVICES, IF YOU ARE NOT SATISFIED IN ANY WAY WITHIN THE FIRST 60 DAYS OF SERVICE, WE WILL REFUND (ONLY) THE PORTION OF YOUR UNUSED SUBSCRIPTION(S). THE PARTIAL REFUNDS DO NOT APPLY TO “ONE TIME ITEM CHARGES”. FOR EXAMPLE, IF YOU PURCHASED A SINGLE REPORT OR PAID TO DOWNLOAD A SINGLE ITEM FROM THE SITE, YOU ARE NOT ENTITLED TO A REFUND IN ANY WAY.
You agree to defend, indemnify and hold harmless MATRIX888, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the Site by you or your Account. MATRIX888 reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide MATRIX888 with such cooperation as is reasonably requested by MATRIX888.
MATRIX888 may terminate or suspend these Terms of Service at any time without notice to you. Without limiting the foregoing, MATRIX888 shall have the right to immediately terminate Your Account in the event of any conduct by you which MATRIX888, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms of Service. The provisions of Sections 1 -13 shall survive termination of these Terms of Service.
MATRIX888, its subsidiaries and affiliates, own all rights to their logos used in connection with the Site. All other logos and trademarks appearing on the Site are the property of their respective owners.
10. Governing Law.
The content, blog postings, data, video, and all other material and features on the Site are presented for the purpose of providing entertainment, news and/or information.
Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site shall be governed by and construed exclusively in accordance with the laws and decisions of London, UK applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions.
11. Disputes/Arbitration. PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
In the event of a dispute, claim, or controversy arising out of or in connection with your access to, and/or use of the Site, and/or the provision of content, BLOG POSTINGS, predictions, services, and/or technology on or through the Site, MATRIX888 or you must give the other notice of the dispute, claim, or controversy which notice will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy and the relief requested. You must send any such notice to MATRIX888 by email to dispute@MATRIX888.org AND by Mail to Matrix888.org, 373 S Willow Street, #189, Manchester, NH 03103. To the extent that MATRIX888 has your contact information, it will send any such notice to you by Mail, or otherwise to your email address. MATRIX888 and you will attempt to resolve any dispute, claim, or controversy through informal negotiation within thirty (30) days from the date that any notice of dispute, claim, or controversy is sent. MATRIX888 and you shall use reasonable, good faith, efforts to settle any dispute, claim, or controversy through consultation and good faith negotiations. After 30 days, MATRIX888 or you may resort to the other alternatives described in this Section. Notwithstanding the foregoing, the notice and 30-day negotiation period required by this paragraph shall not apply, however, to disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Sites.
Arbitration shall be initiated in London, UK, EU, and MATRIX888 and you agree to obey the jurisdiction of any relevant court for such matters in London, UK, to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, MATRIX888 and you agree to waive, to the fullest extent allowed by law, any trial by jury.
The terms of these arbitration provisions will also apply to any claims asserted by you against MATRIX888 to the extent that any such claims arise out of your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site.
12. Class Action Waiver. PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in relevant court located in London, UK.
The terms of this provision will also apply to any claims asserted by you against any parent or affiliated company of MATRIX888 to the extent that any such claims arise out of your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site.
Neither MATRIX888 nor you shall be liable for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, terrorism, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
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